Resolution No. 97231
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RESOLUTION NO. 9723
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
ENCROACHMENT LICENSE AGREEMENT NO. 407 BY AND
BETWEEN THE CITY OF VERNON AND KBB INVESTMENTS
WHEREAS, KBB Investments ("KBB") has filed an application for
an encroachment license agreement pursuant to Vernon City Code Section
22.66 to operate, maintain, use, and/or replace a private four inch
sewer lateral in the sidewalk at 4800 E. 26th Street in the City of
Vernon approximately one hundred twenty (120) feet west of the
centerline of Atlantic Boulevard ("the Encroachment"); and
WHEREAS, the City Council is authorized to issue an
encroachment license pursuant to Chapter 22, Article VI, Encroachments,
of the Code of the City of Vernon which license shall be valid for a
period of twenty-five (25) years" unless otherwise stated; and
WHEREAS, the City Council adopted Resolution No. 5088 on
February 21, 1984, authorizing fees for encroachment licenses; and
WHEREAS, KBB has provided proof of the required insurance, and
has paid the issuance fee of One Thousand Two Hundred Fifty Dollars and
No Cents ($1,250.00) and the first annual renewal fee of One Hundred
Twenty -Five Dollars and No Cents ($125.00); and
WHEREAS, the Director of Community Services & Water has
recommended on September 22, 2008, the approval of Encroachment License
Agreement No. 407 with KBB for a period of twenty-five (25) years,
subject to the terms and conditions of the aforesaid Article VI of
Chapter 22 of the Code of the City of Vernon; and
WHEREAS, the City Council believes it is in the best interest
of the City of Vernon to enter into Encroachment License Agreement No.
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407.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are true
and correct.
SECTION 2: The City Council of the City of Vernon hereby
approves Encroachment License Agreement No. 407 with KBB Investments, a
copy of which is attached hereto as Exhibit "A" and made a part hereof.
SECTION 3: The City Council of the City of Vernon hereby
authorizes the Mayor or Mayor Pro-Tem to execute said Agreement for,
and on behalf of, the City of Vernon and the City Clerk is hereby
authorized to attest thereto.
SECTION 4: The City Council of the City of Vernon hereby
directs the City Clerk, or her designee, to send one fully executed
Agreement to:
KBB Investments
Attn: Mr. Anthony Brent
P.O. Box 10235
Beverly Hills, CA 90213
SECTION 5: The City Clerk of the City of Vernon shall certify
to the passage of this resolution, and thereupon and thereafter the
same shall be in full force and effect.
APPROVED AND ADOPTED this 6th day of October, 2008.
AT�T:
- "
MAh
UELA GIRON, i Clerk
Leonjs C. Malburg
Name:
Title: Mayor/
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGEL ES )
I, MANUELA GIRON, City Clerk of the City of Vernon, do hereby
certify that the foregoing Resolution, being Resolution No. 9723, was
duly adopted by the City Council of the City of Vernon at a regular
meeting of the City Council duly held on Monday, October 6, 2008, and
thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of
Vernon.
(SEAL)
AANUELA GIRON, ity Clerk
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EXHIBIT A
I ENCROACHMENT LICENSE AGREEMENT NO.407
2 The City of Vernon, a municipal corporation of the State of California, as
3 Licensor (hereinafter referred to as "City") and KBB Investments (hereinafter
4 referred to as "Licensee") does hereby agree as follows:
5 i. Licensor has all requisite power of authority to enter into this
6 Encroachment License Agreement. Subject to the right of the City to terminate this license for
7 reasonable cause, as defined below, the City hereby grants to Licensee a license for a term of
8 twenty-five (25) years from and after the date of this license to operate, maintain, use, and/or
9 replace a private four -inch sewer lateral in the sidewalk at 4800 E. 26th Street in the City of
10 Vernon as shown on engineer's drawing marked Exhibit "A" attached hereto and made a part
11 hereof as though fully set forth herein and described as follows: South side of East 26th Street,
12 approximately one hundred twenty (120) feet west of the centerline of Atlantic Boulevard.
13 2. This license is granted subject to the terms and conditions set forth in the
14 Code of the City'of Vernon, Chapter 22 Article VI, and the acceptance hereof shall evidence the
15 Licensee's agreement to all terms of said article and the additional conditions hereinafter
16 contained.
17 3. Licensee shall pay to the City of Vernon the issuance fee of One Thousand
18 Two Hundred Fifty Dollars ($1,250.00), prior to the issuance of the license. Licensee shall also
19 pay to the City the annual renewal fee of One Hundred Twenty Five dollars ($125.00) payable
20 each year during the term of the license on or before the anniversary of the date of this License
21 Agreement.
22 This annual renewal fee shall be revised in accordance with the changes in the
23 Consumers Price Index published by the United States Department of Labor, Bureau of Labor
24 Statistics for Urban Earners and Clerical Workers -Annual Average — Los Angeles — Anaheim-
2 5 Riverside area, California - all items. In the event said Index, as of the anniversary date, is
26 higher than said index for the issuance date, the renewal fee shall be increased effective the
27 anniversary date by multiplying said renewal fee by a fraction, the numerator of which is the
28 Index for the current anniversary date and denominator of which is the index existing on the
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issuance date. There shall be no reduction in fees by operation of this provision. If, in the
future, said index shall be changed so that the base year differs from that used as of the date of
commencement of the term hereof, it shall be converted in accordance with the conversion facto:
published by the United States Department of Labor, Bureau of Labor Statistics. In the event
said Index is discontinued or revised during the term of this Agreement, such other governmenta
Index or computation with which it is replaced, shall be used in order to obtain substantially the
same result that would be obtained if said present index had not been discontinued or revised.
4. Licensee shall secure and keep in full force and effect at all times during
the term of this license, general liability insurance in the amounts determined by the City of
Vernon on an annual basis and shall file proof thereof with the City Clerk, which proof shall
include the following:
(1) A standard certificate of insurance.
(2) An endorsement naming the City of Vernon, its officers, and
employees as insured under this policy.
(3) An endorsement providing the City of Vernon thirty (30) days
otice of cancellation or material reduction of coverage.
(4) Additional documents as required by Risk Management.
5. Licensee shall maintain the City property in good condition to the
reasonable satisfaction of the City of Vernon, and Licensee shall not construct any structure
without having received a permit therefore from the City of Vernon. Upon completion of the
activities to be performed under the license, licensee shall abandon in place the sewer line.
6. Licensee shall obtain all necessary Local Permits,
including City of Vernon health permits, and no repair or construction shall be performed except
in accordance with the provisions of Chapter 22 of the Vernon City Code pertaining to
encroachments. In the event that Licensee shall,fail to utilize the City's property covered by this
license for a consecutive period of twelve (12) months during any period of time after it has been
placed in operation, the City Council of the City of Vernon shall have the right, at its sole
discretion, to declare this license terminated.
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1 7. If, at any time during the term of this franchise, it becomes necessary to
2 remove or relocate the sewer lateral in order to accommodate a construction project performed
3 by or on behalf of the City of Vernon, Licensee shall at its own cost and expense promptly
4 abandon in place said facilities.
5 8. Licensee shall not sell, transfer, assign or lease this license, or any part
6 hereof, or any of the rights or privileges granted hereby unless approved, in writing by the City
7 of Vernon. Licensee may not assign its duties hereunder, and may not assign its rights hereunder
8 to a public utility. If property is sold, the City of Vernon will not unreasonably deny transfer of
9 the permit.
10 9. In the event Licensee fails to keep, fulfill or perform any of the terms or
11 conditions of this license and fails to remedy such default within thirty (30) days after written
12 notice from the City, the City may declare this license terminated. Upon such a declaration of
13 . termination and failure to remedy such default this license shall be cancelled and all of the rights
14 and privileges of Licensee under this license shall be surrendered. The City may thereafter
15 exclude Licensee from further use of the street under this license.
16 10. In the event of the termination of this license, Licensee shall at its own
17 cost and expense, abandon in place the encroachment facilities as the City in its reasonable
18 discretion may decide. This provision may be suspended by the City of Vernon at its sole
19 discretion during such period as licensee may be negotiating with the City of Vernon for renewal
20 of this license. If Licensee is directed to abandon in place the encroachment facilities and fails to
21 do so, City shall have the right to abandon the sewer line in place at Licensee's sole expense.
22 11. Licensee shall preserve and save harmless the City and each officer and
23 employee thereof from any liability or responsibility for any accident, loss or damage to persons
24 or property happening or occurring as a proximate result of the encroachment or the construction
25 operation and/or maintenance thereof.
26 12. Any notice, communication, request, instruction or other document
27 required or permitted hereunder shall be in writing and deemed given when hand -delivered or
28 sent by confirmed facsimile or U.S. Mail service, to the following:
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CITY:. CITY OF VERNON
ATTN: CITY ADMINISTRATOR
4305 SANTA FE AVENUE
VERNON, CALIFORNIA 90058-0805
FAX: (323) 826-1438
LICENSEE: KBB INVESTMENTS, A CALIFORNIA
GENERAL PARTNERSHIP
ATTN: MR. ANTHONY BRENT
P.O. BOX 10235
BEVERLY HILLS, CALIFORNIA 90213
FAX: (310) 247-7172
c: Anthony Brent Corporation
Attn: Mr. Anthony Brent
P.O. Box 10235
Beverly Hills, CA 90213
r,
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74
EXECUTED IN DUPLICATE this 'fil-day of L14 , 2008.
CITY OF VERNON
LEONIS C. MALBURG, Mayor
Date:
ATTEST:
MANUELA GIRON, City Clerk
APPROVE S TO FORM:
JEF SON, City Attorney '
KBB INVESTMENTS, A CALIFORNIA
GENERAL PARTNERSHIP
Print N
Title
NOTE: Please type names below signatures. Signatures shall be notarized.
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CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE: October 21, 2008
TO: Martha Valenzuela, Director of Personnel/Purchasing Agent
FROM: Nelly Giron, City Clerk
RE: Resolution No. 9723 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the
Execution of Encroachment License Agreement No. 407 By
and Between the City of Vernon and KBB Investments
r
Transmitted herewith is a copy of Resolution No. 9723,
referenced above, which was approved by City Council on October
6, 2008, along with a copy of the fully executed encroachment
license agreement, and a copy of the memo from Community
Services regarding the initial payment of said agreement.
Thank you.
NG:dr
c: S. Kevin Wilson
Resolution No. 9723
License Agreement No. 407
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
October 21, 2008
Mr. Anthony Brent
KBB Investments
P.O. Box 10235
Beverly Hills, CA 90213
Re: Encroachment License Agreement No. 407
Dear Mr. Brent:
Transmitted herewith is a fully executed encroachment license
agreement as referenced above, approved by City Council on
October 6, 2008.
If you have any questions regarding this matter, please call Mr.
Kevin Wilson, at (323) 583-8811 ext. 245.
Very truly yours,
N >.
e y
City Clerk
NG:dr
Enclosure
c: Kevin Wilson
Resolution No. 9723
Encroachment License Agreement No. 407
Exclusively Industrial
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ENCROACHMENT LICENSE AGREEMENT NO.407
The City of Vernon, a municipal corporation of the State of California, as
Licensor (hereinafter referred to as "City") and KBB Investments (hereinafter
referred to as "Licensee") does hereby agree as follows:
t. Licensor has all requisite power of authority to enter into this
Encroachment License Agreement. Subject to the right of the City to terminate this license for
reasonable cause, as defined below, the City hereby grants to Licensee a license for a term of
twenty-five (25) years from and after the date of this license to operate, maintain, use, and/or
replace a private four -inch sewer lateral in the sidewalk at 4800 E. 26th Street in the City of
Vernon as shown on engineer's drawing marked Exhibit "A" attached hereto and made a part
hereof as though fully set forth herein and described as follows: South side of East 26th Street,
approximately one hundred twenty (120) feet west of the centerline of Atlantic Boulevard.
2. This license is granted subject to the terms and conditions set forth in the
Code of the City of Vernon, Chapter 22 Article VI, and the acceptance hereof shall evidence the
Licensee's agreement to all terms of said article and the additional conditions hereinafter
contained.
3. Licensee shall pay to the City of Vernon the issuance fee of One
Two Hundred Fifty Dollars ($1,250.00), prior to the issuance of the license. Licensee shall also
pay to the City the annual renewal fee of One Hundred Twenty Five dollars ($125.00) payable
each year during the term of the license on or before the anniversary of the date of this License
Agreement.
This annual renewal fee shall be revised in accordance with the changes in the
Consumers Price Index published by the United States Department of Labor, Bureau of Labor
Statistics for Urban Earners and Clerical Workers -Annual Average — Los Angeles — Anaheim -
Riverside area, California — all items. In the event said Index, as of the anniversary date, is
higher than said index for the issuance date, the renewal fee shall be increased effective the
anniversary date by multiplying said renewal fee by a fraction, the numerator of which is the
Index for the current anniversary date and denominator of which is the index existing on the
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issuance date. There shall be no reduction in fees by operation of this provision. If, in the ,
future, said index shall be changed so that the base year differs from that used as of the date of
commencement of the term hereof, it shall be converted in accordance with the conversion factor
published by the United States Department of Labor, Bureau of Labor Statistics. In the event
said Index is discontinued or revised during the term of this Agreement, such other governmental
Index or computation with which it is replaced, shall be used in order to obtain substantially the
same result that would be obtained if said present index had not been discontinued or revised.
4. Licensee shall secure and keep in full force and effect at all times during
the term of this license, general liability insurance in the amounts determined by the City of
Vernon on an annual basis and shall file proof thereof with the City Clerk, which proof shall
include the following:
(1) A standard certificate of insurance.
(2) An endorsement naming the City of Vernon, its officers, and
employees as insured under this policy.
(3) An endorsement providing the City of Vernon thirty (30) days
of cancellation or material reduction of coverage.
N
(4) Additional documents as required by Risk Management.
5. Licensee shall maintain the City property in good condition to the;
reasonable satisfaction of the City of Vernon, and Licensee shall not construct any structure
without having received a permit therefore from the City of Vernon. Upon completion of the
activities to be performed under the license, licensee shall abandon in place the sewer line.
6. Licensee shall obtain all necessary Local Permits,
including City of Vernon health permits, and no repair or construction shall be performed except
in accordance with the provisions of Chapter 22 of the Vernon City Code pertaining to
encroachments. In the event that Licensee shall fail to utilize the City's property covered by this
license for a consecutive period of twelve (12) months during any period of time after it has been
placed in operation, the City Council of the City of Vernon shall have the right, at its sole
discretion, to declare this license terminated.
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7. If, at any time during the term of this franchise, it becomes necessary to
remove or relocate the sewer lateral in order to accommodate a construction project performed
by or on behalf of the City of Vernon, Licensee shall at its own cost and expense promptly
abandon in place said facilities.
8. Licensee shall not sell, transfer, assign or lease this license, or any part
hereof, or any of the rights or privileges granted hereby unless approved, in writing by the City
of Vernon. Licensee may not assign its duties hereunder, and may not assign its rights hereunder
to a public utility. If property is sold, the City of Vernon will not unreasonably deny transfer of
the permit.
9. In the event Licensee fails to keep, fulfill or perform any of the terms or
conditions of this license and fails to remedy such default within thirty (30) days after written
notice from the City, the City may declare this license terminated. Upon such a declaration of
termination and failure to remedy such default this license shall be cancelled and all of the rights
and privileges of Licensee under this license shall be surrendered. The City may thereafter
exclude Licensee from further use of the street under this license.
10. In the event of the termination of this license, Licensee shall at its own
cost and expense, abandon in place the encroachment facilities as the City in its reasonable
discretion may decide. This provision may be suspended by the City of Vernon at its sole
discretion during such period as licensee may be negotiating with the City of Vernon for renewal
of this license. If Licensee is directed to abandon in place the encroachment facilities and fails to
do so, City shall have the right to abandon the sewer line in place at Licensee's sole expense.
11. Licensee shall preserve and save harmless the City and each officer and
employee thereof from any liability or responsibility for any accident, loss or damage to persons
or property happening or occurring as a proximate result of the encroachment or the construction
operation and/or. maintenance thereof.
12. Any notice, communication, request, instruction or other document
required or permitted hereunder shall be in writing and deemed given when hand -delivered or
sent by confirmed facsimile or U.S. Mail service, to the following:
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CITY: CITY OF VERNON
ATTN: CITY ADMINISTRATOR
4305 SANTA FE AVENUE
VERNON, CALIFORNIA 90058-0805
FAX: (323) 826-1438
LICENSEE: KBB INVESTMENTS, A CALIFORNIA
GENERAL PARTNERSHIP
ATTN: MR. ANTHONY BRENT
P.O. BOX 10235
BEVERLY HILLS, CALIFORNIA 90213
FAX: (310) 247-7172
c: Anthony Brent Corporation
Attn: Mr. Anthony Brent
P.O. Box 10235
Beverly Hills, CA 90213
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2 EXECUTED IN DUPLICATE this L day of� , 2008.
3
4 CITY OF VERNON
5i'i�y r
ONIS C. MALB�RG, Mayor
6 Date;
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8 ATTE T:
9
,,,2 &,
10 M LA GIRON, dily Cl rk
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12 APPROVED S TO FORM:
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14 JEF SON, City Attorney
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16 KBB INVESTMENTS, A CALIFORNIA
GENERAL PARTNERSHIP
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18 By:
19 4iature
20 Print21 Na e J
Title
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27 NOTE: Please type names below signatures. Signatures shall be notarized.
28
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EXHIBIT A
APPROVED OCT 0 6 '08 CITY COUNCIL
COMMUNITY SERVICES & WATER DEPARTMENT
Samuel Kevin Wilson, Director of Community Services & Water
4305 Santa Fe Avenue, Vernon, California 90058 CITY C E.RK f TRI 10
Telephone (323) 583-8811 Fax (323) 826-1435 yes
September 22, 2008
Honorable City Council
City of Vernon
Gentlemen:
E-4
(�S . 9,11 IZ3
Enclosed for your consideration is Encroachment License Agreement No. 407. KBB Investments
requested an encroachment license agreement for the property at 4800 East 26 h Street to operate,
maintain, use, and/or replace a private four inch sewer lateral in the sidewalk.
The City Attorney has reviewed and approved as to form, Encroachment License Agreement No.
407. KBB Investments has paid to the City the required fee of $1375.00, of which $1250.00 is for the
issuance fee and $125.00 is for the annual renewal fee. The Risk Manager has approved the required
insurance documents.
I recommend that Encroachment License Agreement No. 407 be approved and the Mayor and
City Clerk be authorized to execute. ,
SKW/ca
Enclosures
c: Eric Fresch
Jeff Harrison
Manuela Giron
?.E.
Services & Water
E,clusivefy Industrid
Page 1 of 1
Romero, Debbie
From: Barcia, Ana
Sent: Thursday, October 09, 2008 9:35 AM
To: Romero, Debbie; Lehr, Judy
Cc: Giron, Nelly; Horrow, Avigal; Yamaguchi, Willard
Subject: Insurance Approval- KBB Investment
Attachments: KBB Investment.pdf
Good Morning,
Please be advised that the above referenced has provided acceptable insurance coverage for encroachment
License Agreement No. 407.
Ana Barcia
City of Vernon
Risk Management Department
T: 323) 583-8811 ex 286
F: 323) 826-1439
abarciq@ci.vernon.ca.us
10/9/2008